Gertrude Gettinger

Mother of Advocate Robert Gettinger

Introduction
My name is Robert Gettinger, I’m the son of Gertrude Gettinger who immigrated to Los Angeles from Canada in 1959 with her husband, Franz, and two Children, Sylvia and Robert. I was a police officer for the city of Los Angeles from 1980-1988. I attended Pasadena Art Center college of design and Los Angeles Valley college. I was the sole person who cared and helped our mother.

Our mother worked her entire life as a maid and housekeeper to provide for her family. She raised Sylvia and myself putting us through school and college. In our teens our parents divorced leaving our mother to raise us alone. I kept in contact with both my parents while Sylvia sided with our mother and showed obvious hate and anger towards our father after the separation.

My sister, Sylvia, moved out of the home in 1982 when she married her first husband. She never had a close relationship with anyone in our family. She did not speak or see our father after 1972 when our parents separated. She failed to stay in contact with our mother and rarely called or visited.

Sylvia’s relationship with our mother was even more strained when she demanded a divorce from her first husband Ralph Velasco. Sylvia had an affair with Gary A. Schmidt who was married with a wife who was pregnant in the hospital with their first child (Hallie Schmidt) at the time.

When problems started
July 19, 2001 Franz L. Gettinger our father passes away. His daughter Sylvia is disinherited since she was estranged from him for over 35 years. Sylvia accuses me of influencing our father and cheating her out of her inheritance. She left threatening phone messages at my home regarding our father and the inheritance. I’ve included dated emails which correspond with her phone messages and threats. (see audio and emails)

What happened to our mother
Sylvia Schmidt removed $200,000.00 from Gertrude Gettinger’s bank accounts plus cash, personal documents, family jewelry, gold and silver from her home (prior to our mother’s conservatorship 12/08/2006) . To stop Gertrude from reporting the crimes Sylvia fabricated events and stories that our mother was suffered from dementia and mental illness. Sylvia’s claims of events vary depending on date and who she’s reporting to. She claimed Gertrude’s home had numerous attempted burglaries to cover missing property but she never filed a police report. Instead Sylvia perjured a petition for conservatorship forcing Gertrude to be locked in a nursing home and overmedicated with psychological drugs to stop her from exposing the crimes against her.

September 2006 LAPD Hollywood division police report documents Gertrude’s home was burglarized by Sylvia who used a spare key to enter the premises. Gertrude’s property deed, financial documents, credit cards, car and home keys, cash, passport, INS documents were all stolen. Electronics, radios, TV etc. were untouched. Gertrude named Sylvia and Gary A. Schmidt as the sole suspects. The report included the statement “Sylvia and her husband Gary were attempting to force Gertrude to sign a power of attorney”. The fact only specific financial and identification items were stolen highlights the motive of identity theft. (See Police Report)

October 2006 Sylvia complains to APS and Mental Health that Gertrude is suffering from mental problems. Sylvia has been estranged from her mother for over 24 years and is forbidden access to her mother’s home yet she is makes states as if she were an actual witness. When Sylvia first complained to APS they sent a psychiatric support team “Genesis” to investigate. Genesis cleared Gertrude and did not find any problems. Sylvia claims her mother had lost a great deal of weight, yet Sylvia never brought her food. Sylvia claimed her mother did not pay her utility bills yet Gas company records show she did pay them and when her mail was forwarded to another address she over paid them to ensure utilities were not turned off These are not the actions of a mentally ill person.

November 2006 Gertrude is removed by APS against her wishes from her 6 unit apartment complex she owned and managed herself. APS acted due to letters and legal threats written by Sylvia. Gertrude was working and driving a car prior to her removal. Gertrude was in the process of selling her home and moving back to Austria to retire with life time friends.

November 2006, Sylvia Schmidt and lawyer, Christopher E. Overgaard, perjure their petition to conserve Gertrude Gettinger. Gertrude has no medical history of mental illness. They fail to notify me claiming they had no address. Approximately $200,000.00 in bank accounts goes unreported. Probate department is unable to do full accounting when Sylvia provides the incorrect address. Sylvia and Gary Schmidt purchase real property in the Santa Clarita Valley which may be how bank accounts were transferred from Gertrude’s name. I notice something wrong at my mothers home and attempt to contact Sylvia via phone and email. Sylvia ignores my calls and emails. Months later I’m given a false account of events, statements and Sylvia refuses to reveal where she moved our mother. Sylvia fails to inform me she’s formed a conservatorship. She fails to inform the court about contact with me.

Sylvia tells me due to a lack of funds there’s work I need to do at our mother’s home in preparation for renting out apartments. On three separate occasions my wife and I go to my mother’s home to demo a wall, remove debris and do cleaning. Sylvia promises to meet but each time fails to appear, instead sends a paid friend. Sylvia leaves messages that she will not show up. Later in legal accounting I found she’s billing our mother’s estate for the work my wife and I had performed for no charge and for work she never performed.

Due to Sylvia’s odd behavior, statements and dishonesty I located the case number and lawyers involved in the conservatorship. I emailed Violet Boskovich PVP for Gertrude. She forwarded my concerns and email to Christopher Overgaard who informed Sylvia yet they did nothing.

Sylvia’s intention has always been to liquidate our mother’s estate. Knowing her mother and brother did not want to sell anything Sylvia misled us. Sylvia told Gertrude she intended to trade her home for a nicer one in Santa Monica where it would be safer for her to reside. Sylvia sent legal forms allowing me to object to the sale to the wrong address. Sylvia lied, telling me her intentions were to rent our mothers apartment complex to help pay our mother’s costs.

Sylvia misled the court by asking for permission to trade the property to avoid sales taxes. Once the sale was completed Sylvia changed her story stating she could not find an appropriate exchange property. Sylvia misled the court stating she could not find a suitable property thus she requested investing all proceeds into stocks. This was against suggestions of a financial consultant Sylvia hired who recommended renting the property over selling.

None of Gertrude’s estimated 2 million dollars has bin in blocked accounts as required by law. The court never pursued the matter only an expensive bond was filed. Sylvia’s goal is to have control of Gertrude’s finances so when she passes she’ll have complete possession.

Court documents show Sylvia blamed me for $200,000k in missing bank accounts. She claims she had no contact with me for 10 years. She and her lawyer claimed they hired a Private Investigator named Michael Jay who could not locate me. They reported I was using another name and living in another country. They could not find the current address I’ve been using for the past 16 years and which Sylvia had used in the past.

I have cashed checks, greetings cards, emails and phone messages proving Sylvia has my phone number, address and was in contact with me. Sylvia provided documents with the address she claimed not to possess during discovery.

PVP Boskovich never informed the court I appeared, emailed her and after numerous meetings with my mother failed to inform her that she had contact with her son. Documents were submitted to the court proving perjury and crimes committed by Sylvia Schmidt and attorney Christopher Overgaard. Overgaard was replaced by the President of the Pasadena Bar Philip Barbaro Jr. Barbaro never denied the perjury or allegations instead lied to the court stating I was in a fishing expedition.

Judge Coleman Swart stated if the allegations were found to be true he would offer me the option to be conservator of my mother. This led me to file for the conservatorship. The court ordered a neutral doctors exam to determine Gertrude’s capacity to make a will or testify in court. Gertrude has requested but was always denied any chance to appear in court. Sylvia went beyond sending payment to the doctor and included a letter of false information. She failed to include a complete medical record, highlighted negative events and left out positive evidence of Gertrude’s medical history.

Dr. Yegiazaryan (Psychiatrist) performed a full psychological evaluation and determined Gertrude does not suffer from Dementia or Alzheimer, instead suffers from depression and a mini stroke. She warned Sylvia Gertrude should be taken off dangerous medications, especially Haldol. Sylvia changed doctors to Dr. Said Jacob who continues prescribing Haldol.

Dr. Liu (MD) removed himself from the care of Gertrude due to abuse, language and dangerous actions by Sylvia stating “He did not want to take a chance of losing his license, Sylvia’s a Doctor Jeckel and Mr. Hyde”. She can be charming at one moment and angry and abusive the next”. Sylvia was demanding unauthorized medication changes against doctors orders.

Judge Swart retires and is replaced by Candace Beason in 2008. Gertrude witnessed her stolen jewelry at Sylvia’s home that she reported September 2006. In retaliation Sylvia filed a false police report of Elder abuse against me at LAPD Hollywood Division.

Sylvia uses the false Elder Abuse Police report against me informing the judge and PVP I am abusing our mother. No charges filed no evidence of any crime. The mere face that a report was filed against me falsely bias the court.

Sylvia refuses to provide records and documents requested in discovery. She had no billing for a Private Investigator, address or proof of his existence. California PI public records show no licensed investigator named “Michael Jay”. Lawyer Overgaard never personally served Gertrude as required by law. Dr. Tucker who completed mental capacity forms did not have 2 years of dementia experience required by law.

Nursing home notes give different accounts of events where Sylvia was not present. Notes reveal Sylvia was notified during an emergency when Gertrude had breathing problems and Sylvia failed to act.

Notes show conflicting accounts given by Sylvia to Dr. Trader who was performed the neutral examination. Sylvia states Gertrude ran naked down the halls, screaming at all hours of the night. Official notes state, Gertrude was waiting wearing a night gown in her room for a medication nurse. The nurse forgets her medication. Tells Gertrude to wait she’ll return and leaves. Gertrude cooperates, waits and is found hours later at her doorway collapsed on the floor. She’s heard calling for the nurse and seen on closed circuit video by staff.

Mid 2006 Gertrude’s mail is no longer delivered to her home. Unaware mail is forwarded to Sylvia Schmidt’s home prior to being conserved. Gertrude thought someone was stealing her mail from her mail box, she removed her mail box so the mail carrier would use the door slot.

Actions of a logical person not a mentally ill one. Sylvia states “mother ripped her mail box off the wall” as if she’s mentally ill to support her petition.

Ralph Velasco, Sylvia’s first husband is contacted by Gertrude. He visits and witnesses what’s going on. He calls Sylvia asking about what he witnessed and he’s told not to help her. In Velasco’s deposition he states Sylvia hated her father and never had contact with him. She was angered when he visited her father with me. He gave accounts how Sylvia never had a good relationship anyone in her family. Sylvia asked him not give me any info as to our mother.

What happened to me
While Gertrude was conserved without notice my family possessions at my former home were destroyed, sold or thrown away by Sylvia. PVP Boskovich and Philip Barbaro Jr. filed false police reports and perjured objections to stop discovery and subpoena’s for missing bank accounts. Judge Beason failed to read my petitions and was unfamiliar with the case. Boskovich failed to inform the court I had contact with her. She failed to investigate 2 missing bank accounts. I stopped my legal proceeding when it was apparent PVP and the court were biased.

January 2011, Sylvia’s lawyer files a false police report with Police stating I threatened family and the court. I’m arrested then released no charges filed. It’s revealed Judge Aviva K. Bobb influences police to act. The DA failed to file charges since no crime was committed. The report contained statements by Sylvia and were censored .

Current Situation
Sylvia has possession of over 2 million dollars, in unblocked bank accounts, She bills our mother $40 an hour or $40,000 a year to be conservator, she bills for work not perform or needed. She invades unannounced Gertrude’s nursing home room with a key made without permission. She places and removes items unannounced to confuse and molest our mother. While Gertrude attends meals or doctor visits she removes court documents, leaves misleading items, removes personal items to confuse our mother and make her feel unsafe.

She has our mother’s mail forwarded to her home then bills $40 an hour to re-deliver personal mail. Doctors are lied to and manipulated with false stories and events leading them to believe Gertrude has symptoms of mental illness. Gertrude has been isolated and denied family visits for over 5 years. The court is misled with lies to support Sylvia’s actions and fees.

Conclusion
A child who never had a positive relationship with a parent was able to take over her parents life and finances by perjuring documents. Sylvia stole personal possessions, cash and over $200k in bank accounts. A conservatorship based on perjury is being used to hide crimes and isolate the victim. Fraudulent billing is submitted to the court, unnecessary legal costs are billed to victims draining her life savings. The court does not act when informed of crimes and abuse. Those involved in the crime and those who ignore the abuse and crimes should be prosecuted. Motive
Sylvia was never close to anyone in our family
A. Father disinherited Sylvia (see will)
B. Sylvia was never close to her mother See X husband’s Deposition and statements
C. Sylvia had anger and jealousy issues with our parents (See Emails to Robert) D. Sylvia was removed from all bank accounts and deed against her wishes STOLEN PROPERTY
1. Over $200,000.00 from bank accounts
2. Over $3000.00 in cash removed from Gertrude’s home
3. Home deed
4. Banking statements, credit cards, Passport, INS info, identification (Identity theft)
5. Family jewelry of 80 years, rings, bracelets, watches, necklaces
6. Family Gold and Silver, coins
7. Home and personal items liquidated, stolen or sold
8. Gertrude is billed approx $40,ooo a year for fraudulent billing

CRIMES
1. Perjury
2. Failure to notify Family
3. Mailing court documents to the incorrect address
4. Theft of property, identity
5. Burglary used spare key to access home
6. Embezzlement, used banking info and accounts to transfer funds
7. Fraud, used ID, name and personal info only known by family to access finances
8. Identity Theft
9. Mail Fraud (Mail forwarding) for access to banking info and to create problems
10. Conspiracy (C. Overgaard, S & G Schmidt) conspired to form a conservatorship.
11. Elder Abuse, isolation, over medication, fear and threats, no privacy or safety in her room
12. Medication abuse to cause harm, abrupt changes of medications to cause complications